Partly allowed

Binod Kumar Singh v. The State of Bihar

Patna HC2 Jul 2021CR. APP (SJ)/1338/2021

Case brief

AI extract

What is this about?

The Patna High Court allowed the criminal appeal filed by appellant Nos. 1 to 8 and 10 to 14 against an anticipatory bail order. The court set aside the impugned order permitting their release only in the stated case and directed the Additional Sessions Judge to grant anticipatory bail on personal bond pending furnishing of money bonds.

What did the court decide?

The Criminal Appeal was allowed regarding appellant Nos. 1 to 8 and 10 to 14. The impugned order was set aside. They were directed to be released on anticipatory bail on personal bond pending producti

Binod Kumar Singh Vs The State of Bihar — Caste Atrocities | Patna HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1338 of 2021

¶2

Arising Out of PS. Case No.-35 Year-2020 Thana- SC/ST District- Aurangabad

¶3

======================================================

¶4

BINOD KUMAR SINGH S/o Late Shambhusharan Singh Resident of Village- Manjurahi, P.S.- Muffasil, District- Aurangabad (Bihar).

¶5

Vikram Kumar S/o Binod Kumar Singh Resident of Village- Manjurahi, P.S.- Muffasil, District- Aurangabad (Bihar).

¶6

Pushkar Kumar S/o Binod Kumar Singh Resident of Village- Manjurahi, P.S.- Muffasil, District- Aurangabad (Bihar).

¶7

Pankaj Kumar S/o Late Pramod Singh Resident of Village- Manjurahi, P.S.Muffasil, District- Aurangabad (Bihar).

¶8

Raushan Kumar S/o Kamlesh Singh Resident of Village- Manjurahi, P.S.Muffasil, District- Aurangabad (Bihar).

¶9

Rocky Kumar S/o Kamlesh Singh Resident of Village- Manjurahi, P.S.Muffasil, District- Aurangabad (Bihar).

¶10

Jainil Kumar Singh @ Jaynil Kumar Singh S/o Ramdutt Singh Resident of Village- Manjurahi, P.S.- Muffasil, District- Aurangabad (Bihar).

¶11

Aayush Kumar S/o Jainil Singh Resident of Village- Manjurahi, P.S.Muffasil, District- Aurangabad (Bihar).

¶12

Ghanshyam Singh @ Ghanshyam Kumar S/o Ramayan Singh Resident of Village- Manjurahi, P.S.- Muffasil, District- Aurangabad (Bihar).

¶13

Alok Kumar S/o Ravindra Singh Resident of Village- Manjurahi, P.S.Muffasil, District- Aurangabad (Bihar).

¶14

Naga Singh @ Nagendra Kumar Singh S/o Late Sudama Singh Resident of Village- Manjurahi, P.S.- Muffasil, District- Aurangabad (Bihar).

¶15

Munni Singh S/o Late Bal Singh Resident of Village- Manjurahi, P.S.Muffasil, District- Aurangabad (Bihar).

¶16

Sanjay Singh S/o Late Shivpujan Singh Resident of Village- Manjurahi, P.S.Muffasil, District- Aurangabad (Bihar).

¶17

Golu Kumar @ Dipankar Singh S/o Ashresh Singh Resident of VillageManjurahi, P.S.- Muffasil, District- Aurangabad (Bihar).

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Rakesh Singh For the Respondent/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

¶22

State through virtual mode.

¶23

2 02-07-2021 Heard learned counsel for the appellants and the

¶24

Patna High Court CR. APP (SJ) No.1338 of 2021(2) dt.02-07-2021 2/4

¶25

Learned counsel for the appellants is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

¶26

At the outset, learned counsel for the appellants submits that during pendency of this appeal, the appellant No. 9 has been taken into custody. He seeks permission to withdraw this appeal with regard to appellant No. 9.

¶27

Permission is accorded.

¶28

This appeal is dismissed as withdrawn with regard to appellant No. 9.

¶29

Counsel for the appellants confines his submission with regard to the appellant Nos. 1 to 8 and 10 to 14 only.

¶30

The matter relates to grant of anticipatory bail to the appellant Nos. 1 to 8 and 10 to 14 in connection with Aurangabad SC/ST P.S. Case No. 35 of 2020 registered for the offences under Sections 147, 149, 341, 323, 325, 354, 504, 506 of the Indian Penal Code and Sections 3(i)(r)(s) (T)(o)/3(2)(va) of the SC/ST (POA) Act.

¶31

Allegedly, in the backdrop of a dispute of drainage water, all the accused persons came near the house of the informant and having taken his caste name, uttered filthy language and told why you are not casting votes in favour of

¶32

Patna High Court CR. APP (SJ) No.1338 of 2021(2) dt.02-07-2021 3/4

¶33

BJP. It is further alleged that one of the accused Sushil Singh entered the house of informant and mountained attack on the informant and his wife Manju Devi. All the accused persons assaulted eleven persons who sustained multiple injuries.

¶34

It has been submitted on behalf of the appellants that the appellant Nos. 1, 2, 3, 4, 6, 7, 8, 10, 11, 12, 13 & 14 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the appellant Nos. 1 to 8 and 10 to 14 . The appellant Nos. 1 to 8 and 10 to 14 have falsely been implicated in the present case. The present case is an outburst of political rivalry between the parties. No grievous injury is said to have been caused in course of the occurrence. The alleged occurrence has not taken place within the public view. Hence, no offence under the provisions of SC/ST Act is attracted in the present case.

¶35

On behalf of the State, it is submitted that the appellant Nos. 1 to 8 and 10 to 14 are named in the Complaint Case/F.I.R.

¶36

In view of the aforesaid facts and circumstances, the order dated 10-12-2020 passed by learned Additional Sessions JudgeIst-cum-Special Judge, SC/ST Act, Aurangabad in Aurangabad SC/ST P.S. Case No. 35 of 2020 is set aside with regard to . appellant Nos. 1 to 8 and 10 to 14 . The present Criminal Appeal

¶37

Patna High Court CR. APP (SJ) No.1338 of 2021(2) dt.02-07-2021 4/4

¶38

is allowed with regard to appellant Nos. 1 to 8 and 10 to 14 only.

¶39

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the appellant Nos. 1 to 8 and 10 to 14 , above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Additional Sessions Judge-Ist-cumSpecial Judge, SC/ST Act, Aurangabad in connection with Aurangabad SC/ST P.S. Case No. 35 of 2020.

¶40

Once the normalcy is restored, the appellant Nos. 1 to 8 and 10 to 14 shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

¶41

(Sudhir Singh, J)

¶42

A.K.V.//-

¶43

U T

Binod Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Binod Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Krishna Tanti Vs The State of Bihar

Umesh Kumar Suman Vs The State of Bihar

Md. Nasim Vs The State of Bihar

Punit Paswan Vs The State of Bihar

Lalan Prasad @ Lalan Prasad Gupta @ Lalan Kalwar @ Lalan Kumar Vs the State of Bihar

Jai Prakash Rai Vs The State of Bihar